Q: How do I trademark a logo and brand name?

A: To trademark a logo and brand name in the United States, you generally need to file an application with the United States Patent and Trademark Office (USPTO). The process involves conducting a search for similar trademarks, providing details about the logo and name, and specifying the goods or services it will represent.

A: Hi there. Great question. To trademark a logo and brand name in the U.S., follow these steps:

1. Conduct a thorough search on the United States Patent and Trademark Office (USPTO) database to ensure no one else has registered a similar trademark.

2. Prepare clear representations of your logo and have the precise name you want to trademark ready.

3. Access the USPTO's online system to begin your application.

4. Determine and select the appropriate class of goods or services that best represent your brand.

5. Complete the application, detailing your logo, name, and their intended use.

6. Pay the associated fees.

7. Monitor the status of your application; the USPTO might request further information or clarifications.

8. Upon approval, ensure you maintain your trademark by using it in commerce and renewing as necessary.

Consulting with an attorney familiar with intellectual property can be beneficial throughout this process.

A: Trademarking anything only requires one thing: use. When you use a mark in connection with goods or services to identify the source of those goods or services, you have trademarked that mark as long as (1) the mark is trademarkeable, and (2) no one else already owns that mark (or a similar one).

Trademarking a mark is different than obtaining a registration for that mark. While you might own a mark by virtue of using it, registering the mark with your state or with the USPTO will afford you additional protections for your trademark. To register your mark with your state, visit your Secretary of State's website. To register your mark federally with the USPTO, consult an attorney to determine whether you're allowed to do so. Then, complete a registration application through the USPTO's website. An experienced attorney can help you prosecute your trademark application to improve your chances of receiving a registration.

A: Thank you for your question.

(1) First you must determine if you actually need federal trademark registration. You will only need one if you are providing goods or services interstate or international trade. If you are selling something (say branded clothes) on Amazon, then that counts as interstate trade. If you are simply selling locally (such as a barber shop) then you probably do not need a federally registered mark.

(2) To register your mark and logo it is best to use a tradmark attorney. Fees should be reasonable (ours are $450) and a good attorney will help you avoid all the pitfalls - of which there are many.

(3) You CAN do it yourself (but beware of the pitfalls) - the USPTO.gov website is the best place to find information.

(4) It is critical that you carefully pick the right mark. It often takes 1.5-2yrs to get a mark registered, and if you pick a bad mark, you have lost a lot of time and money, not to mention you may need to change the name of your busines of product. For guidance, have a look at the "Chooing your mark" link on the TM-Quick.com website.

(5) Avoid scam firms/people. The USPTO has a site explaining how to avoid these terrible people who have very sophisticaled schemes to rip you off. https://www.uspto.gov/trademarks/protect/filing-firms

Good luck!

Adam Bell